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2008 Supreme(Pat) 1693

KISHORE K.MANDAL, R.M.LODHA
State Of Bihar, Through The Secretary, Govt. Of Bihar In The Department Of Energy – Appellant
Versus
Indra Mohan Rai S/o Sri Ramchandra Roy – Respondent


JUDGEMENT

1. The State of Bihar and its functionaries have preferred this appeal, dissatisfied with the order dated 3rd July, 2007 passed by the Single Judge whereby the writ petition filed by the present respondent was allowed; the order of termination dated 1st September, 2004 was quashed and the respondents therein (present appellants) were directed to reinstate the writ petitioner.

2. We shall refer, hereinafter, the present respondent, the petitioner" and the present appellants, "the respondents".

3. The petitioner was appointed as Treasury Guard in the office of Senior Electrical Inspector, Department of Energy, Bihar, temporarily vide order dated 28th April, 1987. His services came to be extended from time to time for a period of three months each time for about two years. Subsequently, vide order dated 26th May, 1989, the petitioners appointment was extended until further orders. It appears that by an office order dated 24th November, 1990, the petitioners services were terminated on the ground of unsatisfactory conduct. The petitioner challenged the said order before this Court by filing writ petition being C.W.J.C. No. 8331 of 1990. This Court allowed the writ petition on






















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